That of receivables to be collected is becoming an increasingly complex problem, above all due to an economic crisis that drains financial resources, exposing many people to the practical impossibility of closing their exposure to third parties. Precisely for this reason the creditors have tried to refine the collection methods, also in consideration of the fact that many debtors behave like real ghosts, perhaps changing their residence or the headquarters of the company that has contracted the debt. In this context, there was a widespread need to focus on more effective credit recovery means, so as to be able to recover the sums due. Among the new methods, investigations and foreclosure by third parties are becoming increasingly dominant.
The reminder by email, fax and telephone
Traditionally, the method used to contact a boyfriend is that of a reminder by fax, e-mail or telephone. However, it can turn out to be a real waste of time, as the debtor tends to leave the conversation vague and, once he declares himself ready to honor the debt, on condition of its reduction and delay, to implement a series of delaying techniques that contrast with the previous assurances. When it becomes clear that the discussion started beforehand was entirely instrumental and aimed only at obtaining further time, the most useful thing to do is to turn to more stringent instruments, such as investigations or attachment to third parties.
Dilatory attitudes can actually be counteracted in the most effective way only by a detailed overview capable of highlighting any assets available for forced execution. A greatly facilitated task where the relationship with the debtor has been established for a long time, since in this case tracing the current account of a debtor will be immediately reflected by the transactions that will already appear on the account statement.
Forced execution: a safe way to resolve the situation
In the event that a debtor is a repeat offender, it is easy to assume that the waiting list for the repayment of the sums paid out is composed of other creditors. Precisely this eventuality makes it absolutely essential to start the forced execution, which must be implemented as soon as possible, especially where the debt is large. It should however be specified that practices such as the heading of houses, cars or other assets to other people, or even their sale have no validity if they are carried out within a certain period of time and are not valid, as a result of which it may be without other revoked pending litigation.
In these cases it is very useful to contact not only a lawyer, but also an investigative agency, in order to initiate the procedure for the attachment to a third party. In this way, by means of targeted investigations, one can know in detail the existence of the debtor’s deposits, not only traditional, but also telematic. Also in these cases it is certainly advisable to start the execution as soon as possible to prevent the debtor from unduly stealing the money from his accounts.
The seizure deposits as a preliminary act
Before being able to proceed to the actual attachment with third parties, it is necessary to proceed to a preliminary act of the utmost importance, namely the seizure of deposits by the judiciary. This will ensure that the debtor can no longer freely dispose of the amounts in his account, which will then become a guarantee for the credit claimed. Once the seizure has been carried out, in fact, the money cannot be withdrawn or transferred to third parties by bank transfer or other possible means of payment. Held on the current account, it will subsequently be divided among the creditors.
What exactly is an attachment with a third party?
At this point it should be pointed out that even once it has been discovered how to trace a debtor’s current account, and forced execution has begun, there is the possibility of reaching an agreement between the parties. Precisely by this way, the debtor will be able to block the attachment by settling his debts. At this point it is necessary to know that with the formula “attachment to third parties” we indicate the tracing of those who hold sums on the part of the debtor. A consequence of all this is that the execution can also be started on pension and work credits, but always respecting the limit of one fifth.
Attention: it is necessary to assess the amount of available sums or assets
At the same time it must be remembered that before proceeding with the forced execution it is completely necessary to proceed to an evaluation of the sums or of the available goods. In fact, it may happen that the scarcity of really available funds is even exceeded by the amount of legal fees and those necessary for the operations, thus making the transaction absolutely uneconomical.